St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-09-20
The City's Suit Against the
Milwaukee Road to Get
Control of the Levee.
Complaint That the Street Car
Service is Behind That
of Other Cities.
General Passenger and Ticket
Agents Come by the Hun
dred for To-Day's Meeting.
Summary of the Local News
From All Sources Gath
cred on Monday.
WHO OWNS THE LEVEE?

WHO OWNS THE LEVEE?
The City Has Its Evidence All
Before the Court---A Big Legal
Grist.
The city yesterday closed its case in
the suit brought against the Chicago,
Milwaukee IL st. Paul Railway COM
pany. This suit was brought last fall
under the direction of the city attorney
and the other authorities, the plaintiff
charging that the occupation of the
lower levee, from the west side of Wa
cOuta street to the west side of Broad
way, is unauthorized and interferes
with the public rights, use and safety.
The object of the suit is to test the
this 1evee. The company claims title
to this part of the levee
on the grounds that it and
its ,grantors have been in
occupation for more than twenty years,
and therefore the right of the city to the
property is barred by statutory limita-
ton. The property involved is reason
ably worth S500,0O0. The city closed its
prima facie case yesterday about noon,
Showing evidence of dedieations and
grants of the levee by the original pro-
IFS prima facie case. the defendants
moved for a non suit upon the alleged
grounds that the city had not shown
sufficient evidence to sustain the suit.
The motion was argued at length
for the company by Messrs. Bige-
low, Flandrau and Mr.. Morris,
of Minneapolis, solicitor for the
company, and Hon. w. p. Murray and
Henry j. Horn, Esq.,, for the city. AT
the close of the argument the judge de-
MED the motion and put the company
upon its defense. The defendant was
engaged during the remainder of the
day in introducing evidence, principally
documentary, to show the various acts
of incorporation of the old Minnesota
company under the defendants claims.
Their case will be continued at 10 o'clock
this morning.
MILLION FEET OF LOGS.
John Dunbar has begun an important
suit against the J. p. Gritfen Lumber
company. He alleges that during the
logging season of 1867 MeSSrS. Beede
& Bray, without any authority, cut q
607.730 feet of pine logs on lands owned
by the st. Paul Il Dakota Railroad COM
pany in Carlton county. May %. 1887, the
logs were sold by the railroad company
to Durham d Johnson, of Minneapolis,
who in turn sold them to the plaintiff.
At the time Of this sale the logs were in
the possession of the defendants, hay
Ing been sold to them by the assignee
of the firm of Beede & Bray. Although
the plaintiff. as he alleges, often de-
manded- the logs of the defendants, still
he has never been able to obtain salts
faction. The defendants afterwards
sold the logs and the plaintiff considers
that he has been damaged to the amount
of $40, S61 "a, and he asks for Judgment
for that amount.
BOARDING-HOUSE PROFITS.
Frederick NJ. Catlin has begun suit
against E. B. Higgins and his wife,
Marietta. The plaintiff alleges that
some time ago a Judgment for S13S in
favor of Charles A. Baker was obtained
against Higgins in the Dakota county
district court. This judgment was sub
sequently transferred to the plaintiff.
The defendants also agreed to run
boarding house at Hamline for term
of five years, beginning Sept. 1880. With
the profits of this adventure Higgins
purchased lots 3 and of block 8, Ham,
line, and the property was conveyed to
Marietta Higgins. as the plaintiff alleges,
for the purpose of defrauding him.
Since then portion of the property has
been sold and the remainder is covered
by mortgage. The plaintiff asks that
llIC COlINC dICC NC (lCCldlC GU
and set aside. q
HURT BY A DERRICK.
Z Harry +. Davidson, a minor, by Peter
Nj. Davidson, his guardian, adj litem has
brought suit against Fred S. BlOdgett
The plaintiff alleges that in September
the defendant was engaged in building
a sewer ON one of the streets of st. Paul;
that he was obliged to work at the same
place but was not in the employ of the
defendant; that in the construction of
the sewer the defendant was obliged to
Use a derrick, which was operated by
men, habitUally intoXIcatedand entirely
incompetent to do the work. On Sept.
%. 1886, the men allowed the derrick to
fall upon the plaintiff. His skull was
fractured and he was confined to his bed
for long time. He further alleges that
the injuries are permanent, and he asks
for s., 9GD damages
COURT NOTES.
Peter p. koSSriva has sued Albert II, Koch
Ter for 500, which he advanced as earnest
money on the purchase of certain lots in
Thomas Days arrangement of Stinson,
Brown Ramseys addition, the title to which
he alleges he subsequently found incumbered
by mortgages and tax claims.
d. ID. Merrill has begun an action against
the Minneapolis & st Louis Railroad com
pany to recover $500, the alleged value of
frame Office and bill board destroyed by fire
which originated from sparks from an en-
CINE.
In special term yesterday before Judge
Kelly a decree of divorce was granted to
Jennie Small from her husband Jesse F.
Small, on the grounds of deserion. All other
business was continued until next Saturday
Patrick Egan, formerly brakeman in the
employ of the Chicago. Milwaukee & ST. Paul
Railway company, has begun a suit to re-
cover 81 $50 damages for injuries received
while coupling cars for that company
The Keokuk Stove. company has brought
suit against G. Il. johnson to collect Sl51.70
alleged to be due on promissory note.
William Erdman has sued Joseph Willis ct
al. to recover q horse valued at $50, which
was sold under an execution.
Mrs. M. a. Sprague sues Mary NJ SchickIing
to recover go due on promissory note.
Willis Rawson has sued Joseph Mertz to
recover S2l6:22 for goods sold.
BEHIND OTHER CITIES.
The Committee From the Cham
Der Of Commerce Reports on
St. Paul's Street Car Service.